November 2012
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As part of our continuing effort to inform our clients of recent changes in the laws effecting your construction business, we offer you this complementary monthly newsletter of recent events, rulings and laws in the area of construction. We hope you find this helpful.


As always, if you have any questions or concerns related to your business needs, please do not hesitate to contact any of the Board Certified Construction Attorneys at Your Construction Law Firm.™






Beware of Dangerous Conditions.  Even If Not Your Doing!


Worthington Communities, Inc., was both the property owner and the general contractor for a condominium project in Fort Meyers. Worthington contracted with Sunshine Masonry, Inc. ("Sunshine") to install forms and pour concrete for structural divisions between floors. The joist system utilized by Sunshine required the placement of steel joists between the exterior masonry walls, stabilized by rollbars around the perimeter of the walls and at intervals along the length of the joists. The wire mesh to be used for reinforcement of the concrete was delivered in 3700-pound bundles. The joist manufacturer's specifications and the blueprint notes indicated that the mesh bundles should not be loaded and stored on the joists until the rollbars were completely installed.


Read this article....

Incorporation By Reference Strikes Again


In a previous article, "Before Signing That Contract, Be Sure You Understand All of the Terms Incorporated by Reference," we discussed that during contract negotiations it is important to understand terms that might be incorporated by reference into your contracts. For example, it is not unusual for a subcontract to state something along the lines of, "the Subcontract Documents consist of (1) this Subcontract; (2) the Prime Contract, including general and supplementary conditions; (3) Drawings, Specifications, Addenda . . . ." Frequently, some of the referenced documents are not provided to the subcontractor but only offered as available for inspection if the subcontractor wants to review them. Often, the subcontractor also represents by signing the subcontract that it did inspect the referenced documents prior to signing the subcontract. It must be understood that the law generally enforces terms of referenced documents which are "incorporated by reference."



Licensed or Unlicensed?  That Is The Question.


As anyone engaged in the construction industry in Florida knows, Florida law requires a "Contractor" to have a construction license. Most, but not all, statewide contractor licenses are found in Fla. Stat. �� 489.101, et seq., including the registration of local licenses.




The Accolades Continue!
Your Construction Law Firm is proud to announce that this month, Ian Kravitz was admitted to the Bar of the Supreme Court of The United States. We thank all of you for your continued support to the Firm.

Your Construction Law Firm Continues Its Industry Outreach.

Your Construction Law Firm is proud to announce that Larry R. Leiby of the firm will be taking part in the following upcoming seminar presentations:


The Florida Construction Law Manual, 2012-2013 ed. (Vol. 8, Florida Practice Series) By Larry R. Leiby is due on bookshelves November 5th!  Be sure to preorder your copy from the Westlaw Store at Construction Law Manual Preorder...


For more information, please contact Your Construction Law Firm.  

Your Construction Law Firm Relaunches www.mkpalaw.com
Your Construction Law Firm is proud to announce the relaunch of our internet portal at www.mkpalaw.com. We have worked hard to update and include for your benefit relevant Florida Statutes, archived newsletters, forms, articles, and our Florida Construction Law Blog.  We hope you will find our new internet portal informative and helpful. 
Please take the time to go through our site, connect with us utilizing the socuial media links located on the site, and subscribe to our blog service.  It is all free of charge to you, and will help you stay informed on everything construction law.
If you have any suggestions that you believe would improve our site, please email Ian Kravitz at [email protected] to let us know.  We are here to serve you as Your Construction Law Firm.
Contact any of our Board Certified Attorneys and allow us to serve as

    Your Construction Law Firm.™ 

1300 Sawgrass Corporate Parkway, Suite 100
Fort Lauderdale, Florida 33323
Telephone 954-514-0984   Facsimile 954-514-0985
In This Issue
Beware of Dangerous Conditions. Even If Not Your Doing!
Incorporation By Reference Strikes Again
Licensed or Unlicensed? That Is The Question.

Industry Recognitions
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Your Construction Law Firm™
At Malka & Kravitz, P.A., we are a Martindale Hubbell AV rated law firm dedictated to providing services tailoreed to the individual needs of our clients and their individual business workings.  All of our attorneys are Board Certified by The Florida Bar as experts in Construction Law.  This is the highest recognition of competence provided by the Florida bar.